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Legal/Public Notices for 01-05-2010

NOTICE OF TRUSTEE’S SALEWHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated October 22, 2002, and the Deed of Trust of even date securing the same, recorded October 29, 2002, at Book 34, Page 437 in Office of the Register of Deeds for Cannon County, Tennessee, executed by LINDA GIBSON, conveying certain property therein described to Cumberland Title Company as Trustee for Cabin Creek Mortgage, Inc.; and the undersigned, Shellie Wallace of Wilson & Associates, P.L.L.C., having been appointed Successor Trustee.NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Shellie Wallace of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee will, on January 22, 2010 on or about 3:30 P.M., at the Cannon County Courthouse, Woodbury, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR CASH, free from the statutory right of redemption, homestead, dower, and all other exemptions which are expressly waived in the Deed of Trust, said property being real estate situated in Cannon County, Tennessee, and being more particularly described as follows:Being Lot No. 3 of the Michael Simmons Subdivision, and beginning on an iron pin in the West margin of Burt Bergan Road at the NE corner of this Lot and the SE corner of Lot No. 2; thence with the road South 35 degrees 18 minutes 52 seconds East, 207.44 feet to an iron pin at the SE corner of this lot; thence leaving the road South 54 degrees 41 minutes 08 seconds West 321.04 feet to an iron pin at the SW corner of this Lot’ thence North 35 degrees 18 minutes 52 seconds West 207.44 feet to an iron pin at the NW corner of this lot and the SW corner of Lot No. 2; thence North 54 degrees 41 minutes 08 seconds East, 321.04 feet back to the point of beginning, and containing 66,594 square feet.ALSO KNOWN AS: 4446 Burt Burgen Road, Woodbury, Tennessee 37190This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property: Linda Gibson; Cabin Creek Mortgage, Inc.; Wells Fargo Financial TNThe sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. W&A No. 817 168850DATED December 22, 2009.

Insertion Dates: December 29, 2009, January 5, 2010, January 12, 2010SUBSTITUTE TRUSTEE’S SALESale at public auction will be on January 27, 2010 at 2:00 pm Central Standard Time, at the north door, Cannon County Courthouse, Woodbury, Tennessee pursuant to Deed of Trust executed by LARNA MARTINDALE, a single woman to Priority Trustee Services of Tennessee, LLC, Trustee, on May 23, 2005 at Book 74, Page 301; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Cannon County Register’s Office.Owner of Debt: Wells Fargo Bank, National Association as Trustee for Securitized Asset Backed Receivables LLC 2005-OP2 Mortgage Pass-Through Certificates, Series 2005-OP2The following real estate located in Cannon County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:Described property located in Cannon County, Tennessee to wit:Lot Number 1, Big Oak Subdivision, Phase 1 as shown on survey and plat of same appearing of record in Plat Cabinet 1, Page 143, of the Register’s Office of Cannon County, Tennessee, to which plat reference is hereby made for a more complete and accurate description of said lot.Street Address: 1590 Peeler Hill Road, Woodbury, TN 37190Current Owner(s) of Property: Larna Martindale, a single womanOther interested parties: Ford Motor Credit, Option One Mortgage Corporation and Option One Mortgage Company The street address of the above described property is believed to be 1590 Peeler Hill Road, Woodbury, TN 37190, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above.If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time.This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.

Shapiro & Kirsch, LLP Substitute Trusteewww.kirschattorneys.comLaw Office of Shapiro & Kirsch, LLP6055 Primacy Parkway, Suite 410Memphis, TN 38119Phone 901-767-5566Fax 901-767-8890File No. 07-12954 3t-Jan. 5, 12, 19, 2010NOTICE OF TRUSTEE’S SALEWHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated May 5, 2006, and the Deed of Trust of even date securing the same, recorded May 12, 2006, at Book 85, Page 805 in Office of the Register of Deeds for Cannon County, Tennessee, executed by FRED SNIPES, conveying certain property therein described to Lenders Title & Escrow as Trustee for Mortgage Electronic Registration Systems Inc., a seperate corporation acting solely as a nominee for First Franklin a Division of Nat. City Bank of IN and First Franklin a Division of Nat. City Bank of INs successors and assigns; and the undersigned, Shellie Wallace of Wilson & Associates, P.L.L.C., having been appointed Successor Trustee.NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Shellie Wallace of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee will, on January 29, 2010 on or about 3:30 P.M., at the Cannon County Courthouse, Woodbury, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR CASH, free from the statutory right of redemption, homestead, dower, and all other exemptions which are expressly waived in the Deed of Trust, said property being real estate situated in Cannon County, Tennessee, and being more particularly described as follows:Situated in the 8th Civil District of Cannon County, TN.Bound on the North by Lonnie B. Ferrell (Deed Book 40, Page 412); on the East by James T. Higgins (Deed Book 88, Page 262); on the South by Connie Smithson (Deed Book 158, Page 305); and on the West by Highway 70S (A.K.A. State Highway No. 1).Beginning at an iron pin set on the east margin of Hwy. 70S, lying approximately 1,050 feet north of Short Mountain Road, said pin being the NW corner of Smithson and the SW corner of this tract; thence with the east margin of Hwy. 70S N 20 deg. 17 min. 40 sec. W, 416.00 feet to an iron pin set being the NW corner of this tract; thence with the south line of Ferrell N 70 deg. 57 min. 50 sec. E, 247.50 feet to a pipe found at the fence corner being the NE corner of this tract; thence with the west line of Higgins S 20 deg. 37 min. 10 sec. E, 415.91 feet to a pipe found 0.7 feet west of the fenceline, being the SE corner of this tract; thence with the north line of Smithson S 70 deg. 55 min. 40 sec. W, 249.84 feet to the pin at the beginning.ALSO KNOWN AS: 7149 McMinnville Highway, Woodbury, Tennessee 37190-5611This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property: Fred Snipes; Mortgage Electronic Registration Systems, Inc. as nominee for First Franklin A Division of Nat. City Bank of IN; First Franklin A Division of Nat. City Bank of INThe sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. W&A No. 717 178309DATED December 28, 2009.

Insertion Dates: January 5, 2010, January 12, 2010. January 19, 2010TRUSTEE’S NOTICE OF SALEDefault having been made in the payment of the debts and obligations secured to be paid by a certain deed of trust executed by Kenneth Streeval and wife, Tina A. Streeval, on the 1st day of February, 2007, to Robert L. Miller, Trustee, as same appears of record in the Register’s Office of Cannon County, Tennessee, in Record Book 95, page 119, and Citizens Bank being the owner and holder of the debt secured, having requested the undersigned to advertise and sell the property described in and conveyed by the said deed of trust, all of the said indebtedness having matured by default in the payment of a part thereof, this is to give notice that the undersigned will on January 15, 2010, commencing at 11:30 a.m., at the north door of the Cannon County Courthouse, Woodbury, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described tract of property, lying and being in the 5th Civil District of Cannon County, to-wit:Being all of Tract No. 1 in the Leburn Alton Pelham Estate survey dated August 28, 2006, by Thomas D. Cook, 1924 Diana Street, Murfreesboro, TN 37130 and filed in Plat Cabinet 2-186B of the Register’s Office, Cannon County, Tennessee.Being the same property conveyed to Kenneth Streeval and wife, Tina Streeval, by Clerk & Master’s Deed from Harold Patrick, Clerk & Master of the Chancery Court for Cannon County, Tennessee, lodged of record in Record Book 93, pages 289-290, in the Register’s Office for Cannon County, Tennessee.The property is located on Jim Cummings Hwy, Map 058, Parcel 072.01, Woodbury, Tennessee.Said sale shall be subject to any unpaid property taxes, to any additional prior, liens, leases, encumbrances, to any rights of redemption not heretofore expressly waived, and to all applicable reservation of minerals, easements, rights-of-way, setback lines and restrictions.The equity of redemption, statutory right of redemption, homestead, dower, elective share and all other rights and exemptions of every kind are waived in said deed of trust, and the title is believed to be good, but the undersigned will sell and convey only such title as he may convey as Trustee there being no representations or covenants of warranty of title made hereby.It will be the responsibility of the successful bidder to obtain possession of the property at his expense, and any damage, vandalism, theft, destruction, or other loss or damage to the property occurring subsequent to the date of sale shall be at the risk of the successful bidder.The Trustee reserves the right to postpone or set over the date of sale in the event the Trustee deems it best for any reason at the time of sale to postpone or continue this sale from time to time, with such notice of postponement as deemed reasonable by the Trustee. In the event the highest bidder at such sale fails to complete his purchase of the subject real property within the applicable time allowed, the undersigned Trustee reserves the right to complete the sale of the subject real property, without further notice or advertisement, to the next highest bidder who is able to consummate his purchase of the property within the time permitted by the Trustee. Signed, this 19th day of November, 2009.Robert L. Miller, Trusteec/o Don O. Johnson, Attorney-at-Law 317 West Spring StreetCookeville TN 38501 (931)526-8812Insertion Dates: December 22, 29, Jan. 5NOTICE OF SUBSTITUTE TRUSTEE’S SALE WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated November 4, 2005, executed by CLIFFTTA JONES, AN UNMARRIED WOMAN,, conveying certain real property therein described to Robert M. Wilson, Jr. as same appears of record in the Register’s Office of Cannon County, on November 7, 2005, as Instrument No. 21682, in Book 80, at Page 174; and WHEREAS, by Appointment of Successor Trustee dated February 05, 2009, ReconTrust Company, N.A. as Successor Trustee and was appointed as same appears of record in the Register’s office of Cannon County, Tennessee on February 12, 2009, in Deed Book 116, at Page633-634; WHEREAS, the beneficial interest of said Deed of Trust was last trans-ferred and assigned to BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP who is now the owner of said debt; and WHEREAS, the undersigned, RECONTRUST COMPANY, N.A., having been appointed by as Substitute Trustee by instrument filed for record in the Register’s Office of Cannon County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, RECONTRUST COMPANY, N.A., as Substi-tute Trustee or its duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on January 19, 2010, 11:00 AM at the Cannon County courthouse door where the foreclosure sales are customarily held At the County Courthouse Square, Cannon County Court-house, Woodbury, TN, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Cannon County, Tennessee, to wit: LOCATED, lying and being the Sixth (6th) Civil District of Cannon County Tennessee and being more particularly described as follows, to-wit: BEING the Northern 90 feet of Lot #22 of the Mason Subdivision in the Town of Woodbury, the plat of which may be found in Plat Book 1, Page 1, Register’s Office for Cannon County, Tennessee. According to the plat, this lot has a frontage on Hayes Street of 50 feet. It has a back line of 50 feet; an East line of 90 feet; and West line of 90 feet. PROPERTY ADDRESS: The street address of the property is believed to be 337 HAYES ST, WOODBURY, TN 37190. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): CLIFFTTA JONES OTHER INTERESTED PARTIES: MERCHANTS ACCEPTANCE INC. The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are ex-pressly waived in said Deed of Trust, and the title is believed to be good, but the under-signed will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. RECONTRUST COMPANY, N.A. IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RECONTRUST COMPANY, N.A., Substitute Trustee 2380 Performance Dr, TX2-985-07-03 Richardson, TX 75082 Tel: (800) 281-8219 Fax: (805) 553-6392 TS#:09 -0175787 FEI # 1006.79204 12/29, 01/05, 01/12/2010.SUBSTITUTE TRUSTEE’S NOTICE OF SALE OF REAL ESTATEKNOW ALL MEN BY THESE PRESENTS:THAT, WHEREAS, on June 27, 2003, by Deed of Trust of record in Record Book 44, page 598, in the Register’s Office of Cannon County, Tennessee, said instrument being recorded on July 1, 2003, GARY SANDERS and wife, DOROTHY SANDERS did convey in trust unto RALPH E. MALLICOAT, JR., Lebanon, Tennessee, TRUSTEE, the tract of land hereinafter described, to secure an indebtedness therein described to Liberty State Bank, as evidenced by a promissory note in said Deed of Trust, being incorporated therein by reference; and,WHEREAS, the Trustee, Ralph E. Mallicoat, Jr., was unable to act and Roy Nelson Pugh having been appointed as Substitute Trustee in the place and stead of Ralph E. Mallicoat, Jr., Trustee, said appointment being of record in Record Book 123, page 324, Register’s Office for Cannon County, Tennessee;WHEREAS, default has been in the payment of said note, and the entire indebtedness having been declared due and payable as provided in said Deed of Trust and Note, and payment not having been made as demanded, and the holder and owner of said Note has instructed the undersigned Substitute Trustee to foreclose said Deed of Trust.NOW, THEREFORE, by virtue of the authority in me vested, under said instruments, I will, on January 26, 2010, at 11:30 a.m., prevailing time, offer for sale at the west door of the Cannon County Courthouse in Woodbury, Tennessee, to the last, highest, and best bidder for cash in hand, and in bar of all equities of redemption, homestead, and all other rights and exemptions of every kind, all of which are expressly waived in said Deed of Trust, the following described tract of land, the same being situated in the 9th Civil District of Cannon County, Tennessee, and being described as follows:TRACT NO. 1: Beginning on a rock in the south right-of-way margin of road now called Purser Hill Road; running thence North 64 degrees East 220 feet to a rock; thence North 76 degrees East 163 feet to a rock; thence South 2 3/4 degrees West 160 feet to a rock; thence south 64 degrees West 397 feet to a rock; thence North 2 3/4 degrees East 198 feet to a rock the point of beginning containing 1.642 acres more or less.TRACT NO. 2: A triangular or wedge shaped parcel of realty beginning at the Northwest corner of Tract No. 3 in the margin of Purser Hill Road (formerly called Frances Ferry Road); running thence in a southerly direction with West line of said tract South 2 3/4 degrees West 56 feet to a point in said line; thence in a Northwesterly direction approximately 56 feet to a point in said road margin; thence in an Easterly direction with said road margin 20 feet to the point of beginning.DEED REFERENCE: Being the same lands described in a conveyance from Johnny Q. Ford and wife, Donnell Ford to Gary Sanders and wife, Dorothy Sanders of record in Record Book 44, page 595, Register’s Office of Cannon County, Tennessee.The above-described property is subject to a Right of Way from Willie L. Taylor, et ux. to Cannon County, Tennessee of record in Record Book 64, page 17, Register’s Office of Cannon County, Tennessee.This property has a street address of: 2668 Purser Hill Road, McMinnville, TN 37110.Said sale will be made for the purpose of paying the indebtedness secured by the above-described Deed of Trust with the proceeds from the sale applied in accordance with the terms of the Deed of Trust.The Substitute Trustee reserves the right to postpone or set over the date of sale in the event the Substitute Trustee deems it best for any reason at the time of sale to postpone or continue this sale from time to time, with such notice of postponement as deemed reasonable by the Substitute Trustee. In the event the highest bidder at such sale fails to complete his purchase of the subject real property within the applicable time allowed, the undersigned Substitute Trustee reserves the right to complete the sale of the subject real property, without further notice of advertisement, to the next highest bidder who is able to consummate his purchase of the property within the time permitted by the Substitute Trustee. This sale shall further be subject to any announcements made at the time of the sale.This sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid property taxes which exist as a lien against the property; any restrictive covenants, easements or setback lines that may be applicable; any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal; and any prior liens or encumbrances that may exist against the property. This sale is also subject to any matter that an accurate survey of the premises would disclose.The property is to be sold “As Is, Where Is,” without representation of warranty of any kind whatsoever, whether express or implied. Without limiting the foregoing, THIS PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.Said sale is subject to any and all unpaid taxes, restrictive covenants, restrictions, easements and setback lines, and any and all prior liens or encumbrances against said property.The purchaser will assume the payment of any and all unpaid taxes, including the payment of taxes for 2009.Pursuant to the Fair Debt Collection Practices Act, this is an attempt to collect a debt and all information obtained may be used in any attempt to collect this debt.DONE in Smithville, Tennessee, this 21ST day of December, 2009.ROY NELSON PUGH., SUBSTITUTE TRUSTEEFOR LIBERTY STATE BANK

Mike Gannon Cannon County Executive Cannon County Courthouse Notice of Vacancy Cannon County Board of Commissioners The Cannon County Board of Commissioners is seeking applicants to fill a vacancy on the board. The vacant seat is in the 5th District of Cannon County, Tennessee. The seat will be filled on an interim basis at the regular meeting of the Cannon County Board of Commissioners on January 16, 2010 at 10 a.m. at the Cannon County Courthouse. The person selected by the Board of Commissioners at the meeting will serve the remainder of the term, which ends August 31, 2010.

At the meeting, registered Cannon County voters may submit names for consideration. Such submissions may be made either in person at the meeting or may be submitted to County Executive Mike Gannon in writing prior to the meeting. Persons submitted for consideration in this manner must also be nominated by a county commissioner in order to be considered. If a person nominated is not present at the meeting, the nominator must submit a signed statement that the nominee is willing to serve in the position. Commission members may nominate persons without such persons having first been submitted for consideration by a registered voter. Nominations do not require a second.

The Cannon County Board of Commissioners is seeking applicants to fill a vacancy in the Cannon County Circuit Court Clerk’s office. The position is for that of Cannon County Circuit Court Clerk. The position will be filled on an interim basis at the regular meeting of the Cannon County Board of Commissioners on January 16, 2010 at 10 a.m. at the Cannon County Courthouse. The person selected by the Board of Commissioners at the meeting will serve the remainder of the term, which ends August 31, 2010.

At the meeting, registered Cannon County voters may submit names for consideration. Such submissions may be made either in person at the meeting or may be submitted to County Executive Mike Gannon in writing prior to the meeting. Persons submitted for consideration in this manner must also be nominated by a county commissioner in order to be considered. If a person nominated is not present at the meeting, the nominator must submit a signed statement that the nominee is willing to serve in the position. Commission members may nominate persons without such persons having first been submitted for consideration by a registered voter. Nominations do not require a second.

The Cannon County Board of Commissioners is seeking applicants to fill a county constable vacancy. The vacant seat is in the 2nd District of Cannon County, Tennessee. The seat will be filled on an interim basis at the regular meeting of the Cannon County Board of Commissioners on January 16, 2010 at 10 a.m. at the Cannon County Courthouse. The person selected by the Board of Commissioners at the meeting will serve the remainder of the term, which ends August 31, 2010.

At the meeting, registered Cannon County voters may submit names for consideration. Such submissions may be made either in person at the meeting or may be submitted to County Executive Mike Gannon in writing prior to the meeting. Persons submitted for consideration in this manner must also be nominated by a county commissioner in order to be considered. If a person nominated is not present at the meeting, the nominator must submit a signed statement that the nominee is willing to serve in the position. Commission members may nominate persons without such persons having first been submitted for consideration by a registered voter. Nominations do not require a second.